L'Influence de la religion dans le droit international privé des pays musulmans

L'Influence de la religion dans le droit international privé des pays musulmans
Author: Academie de Droit International de la Haye
Publisher: Martinus Nijhoff Publishers
Total Pages: 468
Release: 1988-05-16
Genre: Law
ISBN: 9789024737260

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Filiation and the Protection of Parentless Children

Filiation and the Protection of Parentless Children
Author: Nadjma Yassari
Publisher: Springer
Total Pages: 417
Release: 2019-07-03
Genre: Law
ISBN: 9462653119

This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law
Author: Antônio Augusto Cançado Trindade
Publisher: Hotei Publishing
Total Pages: 1910
Release: 2015-01-27
Genre: Law
ISBN: 9004251030

This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).

A Bibliography of Islamic Law, 1980-1993

A Bibliography of Islamic Law, 1980-1993
Author: Laila Al-Zwaini
Publisher: BRILL
Total Pages: 252
Release: 2021-12-06
Genre: Reference
ISBN: 9004492666

This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.

Exclusive Jurisdiction in Intellectual Property

Exclusive Jurisdiction in Intellectual Property
Author: Benedetta Ubertazzi
Publisher: Mohr Siebeck
Total Pages: 372
Release: 2012
Genre: Law
ISBN: 9783161519543

Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--

International Perspectives on the Goals of Universal Basic and Secondary Education

International Perspectives on the Goals of Universal Basic and Secondary Education
Author: Joel E. Cohen
Publisher: Routledge
Total Pages: 322
Release: 2009-12-04
Genre: Education
ISBN: 1135840725

Although universal schooling has been adopted as a goal by international organizations, national governments, and non-profit organizations, little sustained international attention has been devoted to the purposes or goals of universal education. This book offers diverse views from experts around the world on the purposes of universal education.

Recueil Des Cours

Recueil Des Cours
Author: Fawcett
Publisher: Martinus Nijhoff Publishers
Total Pages: 444
Release: 1994-03-01
Genre: Law
ISBN: 9780792327820

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Products Liability in Private International Law: a European Perspective by J.J. FAWCETT, Professor at the University of Leicester. - Le statut personnel dans le droit international prive des pays africains au sud du Sahara. Conceptions et solutions des conflits de lois. Le poids de la tradition negro-africaine personnaliste, par A.K. BOYE, professeur a l'Universite Cheikh Anta Diop, Dakar. To access the abstract texts for this volume please click here

Recueil des Cours - Collected Courses

Recueil des Cours - Collected Courses
Author: Academie De Droit International De Le Haye
Publisher: Martinus Nijhoff Publishers
Total Pages: 426
Release: 1990-03-01
Genre: Law
ISBN: 9780792307228

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."

Citizenship in the Arab World

Citizenship in the Arab World
Author: Gianluca Paolo Parolin
Publisher: Amsterdam University Press
Total Pages: 191
Release: 2009
Genre: Political Science
ISBN: 9089640452

Subject: The book is the fruit of five years of on-site research on citizenship in the Arab world. It takes a broader legal perspective to the multifaceted reality of nationality and citizenship. The methodology employed builds on the interdisciplinary approach of comparative legal studies, and brings in theories, concepts and insights from anthropology, political science, Arab and Islamic studies, linguistics and sociology. The work relies on a broad range of Western and Arab references, and all sources and documents were directly accessed in their original languages; this is particularly relevant for Arab legislation (all in-text reference has been translated by the author, and the original has been inserted using scientific transliteration). -- Website OAPEN Library.

Arbitration and International Trade in the Arab Countries

Arbitration and International Trade in the Arab Countries
Author: Nathalie Najjar
Publisher: BRILL
Total Pages: 1340
Release: 2017-10-23
Genre: Law
ISBN: 9004357483

Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.